Tag Archives: China

     â€‹Following is a question by the Hon Sunny Tan and a reply by the Secretary for Culture, Sports and Tourism, Mr Kevin Yeung, in the Legislative Council today (December 13):
 
Question:

     The 2023 Policy Address has announced that starting from next year, the Hong Kong Fashion Design Week (the Fashion Week) will be organised every year for the purpose of facilitating the development of Hong Kong’s fashion and textile design brands, as well as promoting Hong Kong as a prime destination for hosting major cultural and creative events. In this connection, will the Government inform this Council:

(1) of the specific directions and strategies to be adopted for injecting more elements of major international events into the Fashion Week and for fostering deep integration of fashion, arts and culture with the tourism industry, so as to make the Fashion Week a major international arts, cultural and tourism event in Hong Kong, thereby supporting the country to build and export her cultural soft power;

(2) whether it will take the lead in enhancing cross-bureau, cross-government department, cross-organisation and cross-sector collaboration so as to gather the efforts of the Government and various sectors, and learn from the experience of organising various kinds of major arts, cultural and sports events in the past, in order to do a good job in organising and promoting the Fashion Week; and

(3) as there are views pointing out that it is necessary for the Government to put in place good ancillary and facilitation measures in respect of shipping and transport, hotel accommodation, entry visa, performance venue, etc, so as to attract more leading fashion brands, designers, buyers, celebrities of various sectors as well as tourists from the Mainland and overseas to come to Hong Kong to participate in the Fashion Week, how the Government will do a good job in the relevant work?

Reply:

President:

     â€‹As announced in the Chief Executive’s 2023 Policy Address, the Government will organise Hong Kong Fashion Design Week (Fashion Week) annually from 2024 onwards by gathering fashion design events held in different times. The event will be a flagship initiative for Hong Kong’s cultural, creative and tourism industries, fostering the development of the fashion design industry. We are closely communicating with the industry and stakeholders for implementing the plan.
 
     Our reply to the Hon Sunny Tan’s question is as follows:

(1) Create Hong Kong, the dedicated office under the Culture, Sports and Tourism Bureau (CSTB), has been providing funding to projects that are conducive to the development of creative industries through the CreateSmart Initiative, including the provision of financial support to the fashion design industry for hosting various promotional activities of fashion design in Hong Kong,  the Mainland and overseas. After years of hard work, various events have gradually become well-established fashion design projects. Examples include:
 

• held in September annually, CENTRESTAGE is becoming one of the largest fashion showcases and promotional events in Asia. It attracts fashion brands, fashionistas, buyers and the general public from Hong Kong and other countries and regions to participate in this iconic event through a series of fashion shows, exhibitions, and workshops, etc;

 

• held in October annually, Fashion Summit (Hong Kong), highlights the role of “sustainable fashion” in driving the development of the fashion design industry. The event brings together fashion industry leaders, renowned scholars, representatives from non-governmental organisations, as well as leaders and decision-makers from related industries in Hong Kong to exchange views and insights on the latest trends, innovative technologies, solutions, and opportunities in sustainable fashion to foster the development towards a sustainable fashion industry;


• held in late November/early December annually, Fashion Asia Hong Kong includes Fashion Challenges Forum and 10 Asian Designers To Watch Exhibition. The forum gathers industry leaders, designers, and entrepreneurs from all over the world to share their experiences and exchange views on upcoming market trends. It also showcases the works of the 10 most anticipated emerging Asian designers, with an aim to continue nurturing design talents; and

 

• held in Hong Kong, London, and Paris over the past two years, FabriX – Digital Fashion is a pioneering virtual fashion pilot programme of Hong Kong. It features virtual fashion exhibitions of fashion designers, virtual pop-up stores and seminars related to design. The project became a part of London and Paris Fashion Weeks as an “official partner” soon after launching.

     â€‹In addition, there are also many other events promoting the development of Hong Kong’s fashion design organised by the fashion design industry every year. We plan to gather the fashion design promotional events scattered in different times of a year within the period of Fashion Week as much as practicable, and introduce innovative elements and affiliate activities as appropriate. Although the participation of international brands in Asia’s fashion events was relatively limited in the past, we will seek to enhance the profile of the local fashion design through publicity and invite prestigious fashion industry players and stakeholders from Hong Kong, the Mainland and abroad to come to Hong Kong and participate in the Fashion Week.
      
     We are actively communicating with the practitioners in the fashion design and textile industry, as well as fashionista, to gauge their views and suggestions on the various aspects in the plan of the event, with a view to confirming the fundamental arrangement of the Fashion Week. For example, we are counting on the suggestion from the industry on the proposed timing of the Fashion Week, in considering as to how we may fit the activity into the international calendar of Fashion Weeks, whilst closely following the schedules of buyers and practitioners, with a view to enhancing synergy.

(2) and (3) The CSTB is committed to enhancing Hong Kong’s status as “Events Capital of Asia” and the “region’s premier destination for meetings, incentive travels, conventions and exhibitions (MICE)”.  We work closely with various bureaux, departments and relevant agencies in co-ordinating different mega events, including art and cultural activities, international sports competitions and exhibitions, with a view to bringing rich and diverse experiences to visitor.
 
     The CSTB will co-ordinate with different Government bureaux and departments as necessary in the planning and arrangement of activities related to the Fashion Week, and introduce more peripheral events to create a festive atmosphere. Create Hong Kong will join hands with the Hong Kong Tourism Board and ensure the successful organisation and promotion of the Fashion Week. We will also make exchanges with the organisers of significant and influential fashion events in the Mainland when appropriate and learn from their experience. We will deepen our co-operation and collaboration with the Mainland, allowing us to showcase the unique characteristics of Hong Kong during the Fashion Week while displaying the distinctive aspects of Chinese culture.
      
     Create Hong Kong is now actively communicating with the fashion design industry to understand more on their needs, and ideas and suggestions towards the Fashion Week. After considering the fashion events that happen at different times and in different countries and regions, we will decide on the positioning and event schedule of the Fashion Week, so as to effectively promote the development of Hong Kong fashion and textile design brands. We will also tailor the appropriate content and scale of the Fashion Week and allocate resources to support the related activities.

     â€‹President, the fashion design industry enhances Hong Kong’s level of creativity and has the potential to become a driving force for future economic growth. It is one of the highly promising sectors in Hong Kong. Meanwhile, the textile industry played a significant role in Hong Kong’s economic boom in the 1970s and 1980s. As the market and industry landscape evolved, the Hong Kong textile industry has also kept pace with the times. By integrating technology, the Hong Kong textile industry has marched towards industrial upgrading, transformation, and sustainable development. The Fashion Week will focus on supporting cross-sectoral collaborations between fashion and culture, with the integration of technology and art, to showcase the strengths and advantages of Hong Kong fashion in the digital age. We aim to bring new impacts to the industry and explore the possibilities brought by technology, adding forward-thinking elements to the Fashion Week in line with international and contemporary development. We will continue to engage in discussions with other sectors for collaboration. read more

     Following is a question by the Hon Chan Han-pan and a reply by the Acting Secretary for Commerce and Economic Development, Dr Bernard Chan, in the Legislative Council today (December 13):
 
Question:

     Over the past three financial years, the number of complaints about unfair trade practices received by the Consumer Council has remained above 1 400. Regarding protecting the rights and interests of consumers, will the Government inform this Council:

(1) whether there are new measures to combat the use of unfair trade practices (such as aggressive commercial practices and bombardment) by education centres, beauty parlours or fitness centres to obtain service contracts involving pre-paid mode of consumption; if so, of the details and timetable, including whether it will implement a statutory cooling-off period through legislation within next year and introduce a class action regime in the near future; if there are no new measures, how the authorities will step up efforts to combat such unfair trade practices;

(2) whether it will, by drawing reference from the practice of the Mainland in implementing the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests, stipulate that consumers who purchase goods by means of remote shopping may return the goods within seven days without the need for giving any reasons; if so, of the details and timetable; if not, the reasons for that; and

(3) given that consumers will be considered unsecured creditors and have a lower priority in receiving compensation after a trader’s business has been closed down, whether the authorities will consider amending the legislation to give consumers who have purchased pre-paid goods or services from traders a higher priority in receiving compensation; if so, of the details and timetable; if not, the reasons for that?
 
Reply:

President,

     Having consulted the Department of Justice and the Financial Services and the Treasury Bureau, our reply to the various parts of the question is as follows:

(1) Currently, various laws in Hong Kong protect consumers’ rights and interests. Among others, the Trade Descriptions Ordinance (Cap. 362) (the Ordinance) prohibits traders from subjecting consumers to unfair trade practices, including false trade descriptions, misleading omissions, aggressive commercial practices, bait advertising, bait-and-switch and wrongly accepting payment. The Ordinance covers goods and services, and is applicable to the trade practices of both physical and online traders. Traders who contravene the relevant provisions of the Ordinance are liable to a maximum penalty of imprisonment for five years and a fine of $500,000.

     The Customs and Excise Department (C&ED) is the principal enforcement agency of the Ordinance. The C&ED adopts a three-pronged approach, which covers enforcement actions, compliance promotion and publicity and public education, to combat unfair trade practices proactively.

     On enforcement actions, the C&ED is given the authority to conduct criminal investigations into and prosecutions on unfair trade practices. During the period from 2020 to the end of October 2023, the C&ED completed the investigation of 477 cases and completed 284 prosecution cases, among which 258 cases were convicted, representing a successful prosecution rate of over 90 per cent and covering different industries. The court imposed imprisonment in 79 cases, with 41 persons sentenced to imprisonment. One of the cases concerned the staff of a fitness centre having engaged in aggressive commercial practices in the course of selling fitness service contracts, with one of the staff concerned sentenced to imprisonment of 27 months, which is the heaviest prison sentence since the Ordinance came into operation. In addition, the court also imposed fines in 155 cases, with the amount ranging from $500 to $160,000. The sentences imposed by the court are able to cause deterrent effects on unscrupulous traders.

     In addition, on compliance promotion, during the period from 2020 to the end of October 2023, the C&ED held a total of 81 outreach talks, seminars and meetings for various sectors to strengthen their understanding of the legal requirements under the Ordinance and the measures that should be taken for complying with the Ordinance. The C&ED also carries out publicity and education proactively, including sending personnel to conduct patrols and distribute promotional leaflets at tourism and shopping hotspots during festive seasons as well as publishing tips on “smart consumption” and promotional videos on its official social media platforms (including its Douyin and WeChat accounts), with a view to strengthening consumers’ understanding of unfair trade practices and promoting the concept of “smart consumption”.
 
     According to the figures compiled by the Consumer Council for the past three financial years, the total number of complaints it received concerning the unfair trade practices prohibited under the Ordinance had dropped from over 1 600 cases to around 1 400 cases in 2022-23. Among the complaints, the number of complaints involving aggressive commercial practices had declined over the past three financial years consecutively. These numbers illustrate that the measures aforementioned are effective in combatting unfair trade practices.

     The Government notes that unfair trade practices involving pre-paid mode of consumption, in particular the situation of fitness centres and beauty parlours using aggressive tactics to sell services that involve large amount of pre-payments, is a matter of concern in society. In this regard, the Government launched a three-month public consultation in 2019 to solicit views on the proposal to stipulate a statutory cooling-off period for beauty and fitness services consumer contracts through legislation. However, shortly after the completion of the public consultation, there have been drastic changes in the social environment, economic situation and consumption sentiment since the second half of 2019. As Hong Kong has only started resuming normalcy in full this year, enterprises (especially small and medium enterprises) are still facing various challenges in their operations. We will continue to, having regard to the prevailing circumstances including the economic situation and relevant complaint and enforcement statistics, critically review the relevant proposal before deciding the way forward.

     In addition, the cross-sector Working Group on Class Actions established by the Government has commissioned a consultant to study the economic and other related impacts on Hong Kong that will be brought about by the introduction of a class action regime.

(2) As regards the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests mentioned in the question, one of its clauses concerns goods that are purchased through the channels of online network, television, telephone, mail order, etc. The clause specifies the rights of consumers to return the relevant goods within seven days upon receipt of the goods without the need to specify the reasons.

     In recent years, with the rapid development of e-commerce, different modes of remote transaction (including through online network, television, telephone, mail order, etc) have become very common. In particular, online transaction has become an indispensable component among different industries in Hong Kong. If the aforementioned regime of returning goods without the need to specify reasons is put in place, the business operation of different industries will be severely affected, leading to additional costs, including those administrative and staff expenditure arising from contract cancellation and refund handling, to be borne by numerous traders, adding burden to the business community.

     We have to exercise caution when weighing up the pros and cons, including the rights and interests of consumers as well as the impacts on traders and the development of relevant modes of consumption. In fact, whether consumers make a purchase through a physical trader or a mode of remote transaction, they are both protected by the existing legislation (including the Ordinance) in Hong Kong. Considering the current economic environment in Hong Kong as well as the deep impact that would be posed to different industries in Hong Kong if a regime of returning goods without the need to specify reasons was imposed on remote transaction, we have no plan to put in place the relevant regime.

(3) As regards the priority of creditors in receiving compensation when a company is wound up, with the main objective of giving protection and confidence to investors and creditors and promoting the business environment, Hong Kong’s corporate winding-up regime serves to ensure that the value of the remaining assets of the insolvent company will be preserved as far as possible and that the assets will be distributed amongst the creditors of the company, including its employees, suppliers and contractors, in a fair and orderly manner. In general, except for secured debts (e.g. mortgage loan) and preferential debts (including wages/salary, severance payments, long service payments, as defined under the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32)), other creditors have the same priority and will be paid in accordance with the pari passu principle, i.e. dividend will be paid to creditors pro-rata in accordance with the amount of their admitted claims.

     The regime was formulated taking into account the Law Reform Commission’s recommendations that the principle of pari passu distribution should not be lightly altered unless the alteration is necessary to prevent systematic failure or to maintain public order. The position is in line with comparable jurisdictions. read more

     Following is a question by the Hon Duncan Chiu and a written reply by the Acting Secretary for Financial Services and the Treasury, Mr Joseph Chan, in the Legislative Council today (December 13):
 
Question:
 
     The Hong Kong Monetary Authority officially launched the Commercial Data Interchange (CDI) in October 2022, aiming at providing a single interface connection for each bank and data provider, so as to dispense with the work of banks making point-to-point connections with sources of commercial data one by one, thereby facilitating data sharing. CDI will greet the first government data source by the end of this year when the Companies Registry (CR) will be connected to CDI via the Government’s Consented Data Exchange Gateway (CDEG). In this connection, will the Government inform this Council:
 
(1) whether it has estimated, after CR’s connection to CDI, the average number of data requests transmitted through CDI each month, the main areas involved and the total credit approval amount;
 
(2) of the data sharing mechanism developed for the connection of CR to CDI, including (i) the criteria for determining what data can be shared, (ii) whether data sharing will be implemented in phases or all data will be opened up in one go, and (iii) whether blockchain technology will be fully applied;
 
(3) of the respective quantities of digitised and non-digitised data currently maintained by CR and the areas involved; the main storage methods of such non-digitised data;
 
(4) whether it has formulated specific strategies and a timetable for promoting the digitisation of the data of CR so as to cater for the need for its connection to CDI by the end of this year and data transmission; if so, of the details; and
 
(5) whether it has plans to motivate more government departments to connect to CDI via CDEG; if so, of the details and timetable; if not, the reasons for that?
 
Reply:
 
President,
 
     In consultation with the Innovation, Technology and Industry Bureau, the Companies Registry (CR) and the Hong Kong Monetary Authority (HKMA), my reply to Hon Duncan Chiu is as follows:
 
(1) and (2) The CR will connect to the HKMA’s Commercial Data Interchange (CDI) via the Consented Data Exchange Gateway (CDEG) developed by the Office of the Government Chief Information Officer (OGCIO) in end-December this year in order to facilitate banks to obtain information of relevant enterprises on the Companies Register. The CDEG will utilise the Shared Blockchain Platform of the OGCIO to ensure that the records of data sharing cannot be tampered.
 
     Company information obtainable through the CDI is the same as the scope of information currently available under the electronic search services of the CR. We have not estimated the volume of data transfer and the total amount of loan granted after connecting the CR’s system to the CDI.
 
(3) and (4) The CR has been committed to utilising innovative technology and expanding electronic services. At present, all information maintained in the Companies Register has been fully digitalised and there is no non-digitalised data. Members of the public may conduct searches on various company information, including annual returns, shareholders, directors and company secretaries, via the CR’s Cyber Search Centre. The CR will roll out a revamped information system on December 27 this year to support its business operations and electronic services through a single integrated online platform.
 
(5) The HKMA is exploring with other government departments the feasibility of sharing more data with banks via the connection between the CDI and the CDEG, with a view to further promoting the wider application of the CDI. Details will be announced in due course. read more

     Following is a question by the Hon Jimmy Ng and a written reply by the Acting Secretary for Commerce and Economic Development, Dr Bernard Chan, in the Legislative Council today (December 13):

Question:
 
     To support the recovery of business events and strengthen Hong Kong’s reputation as a premier international convention and exhibition hub, the Government launched a $1.4 billion Incentive Scheme for Recurrent Exhibitions (ISRE) in July this year. It is expected that the ISRE would provide incentives to organisers of eligible recurrent exhibitions for more than 200 exhibitions held over the three-year period of the scheme. In this connection, will the Government inform this Council:
 
(1) of the respective numbers of applications received and approved under the ISRE so far, with a breakdown by the type of exhibitions (i.e. eligible recurrent international exhibitions and other eligible recurrent exhibitions); of the average incentive amount for the approved applications, as well as the average time taken for vetting and approving each application;
 
(2) of the respective numbers of applications received and approved under the ISRE so far for the following types of exhibitions: (i) other recurrent exhibitions (e.g. recurrent exhibitions with less than five past editions or new exhibitions intended to be held recurrently), and (ii) exhibitions with any or all of the five past editions neither held at the Hong Kong Convention and Exhibition Centre nor the AsiaWorld-Expo; of the respective average incentive amounts for the approved applications for the types of exhibition under (i) and (ii);
 
(3) as there are views that with a total funding of $1.4 billion under the ISRE as incentives for 200 exhibitions, the amount for each exhibition could be $7 million on average, which is far below the cap of $20 million for each exhibition, whether the authorities will increase the funding of ISRE; if so, of the details; if not, the reasons for that; and
 
(4) whether it will consider an extension of the implementation period or the regularisation of the ISRE; if so, of the details; if not, the reasons for that?
 
Reply:
 
President,
 
     My consolidated reply to the question raised by the Hon Jimmy Ng is as follows:
 
     To support the post-pandemic recovery and maintain the competitiveness of Hong Kong’s convention and exhibition (C&E) industry, as well as consolidate and enhance Hong Kong’s status as an international trade centre and C&E hub, the Government launched the $1.4 billion Incentive Scheme for Recurrent Exhibitions (Incentive Scheme) in July this year to provide incentives to organisers of eligible recurrent exhibitions for three years.
 
     In general, the Government will disburse the incentive to the organiser through the venue operator within 12 working days after receipt of duly completed application form and supporting documents.
 
     During the five-month period ending November 30, 2023, a total of 32 applications for completed events were received under the Incentive Scheme, of which 31 have been approved, involving a total incentive of $112 million. The remaining application is pending submission of supporting documents by the organiser and no application has been rejected.
 
     Among the 31 approved applications:
 
*22 applications involves international recurrent exhibitions with an average incentive of about $4.8 million; the remaining nine applications involve other recurrent exhibitions with an average incentive of about $0.6 million.
 
*Eight applications involve recurrent exhibitions with less than five past editions or new exhibitions intended to be held recurrently, with an average incentive of about $1.5 million; three applications involve exhibitions that one or all of the five past editions were not held at the Hong Kong Convention and Exhibition Centre nor AsiaWorld-Expo, with an average incentive of about $5.6 million.
 
     At present, the Incentive Scheme has been in operation for less than six months with less than 10 per cent of the funds utilised. The Government will closely monitor the utilisation of the funds of the Incentive Scheme and the needs of the industry, and will consider in due course whether there is a need to adjust the details of the Incentive Scheme. read more

     Following is a question by Professor the Hon Chan Wing-kwong and a written reply by the Secretary for Health, Professor Lo Chung-mau, in the Legislative Council today (December 13):
 
Question:
 
     The Government announced on May 16, 2023 an updated Talent List (the updated List) that applies to the Quality Migrant Admission Scheme, the General Employment Policy, as well as the Admission Scheme for Mainland Talents and Professionals. The updated List comprises 51 professions under nine industry segments, including Chinese medicine (CM) practitioners under the healthcare services industry. In this connection, will the Government inform this Council:
 
(1) since the announcement of the updated List, whether there are employers which have brought in CM practitioners via the aforesaid talent admission schemes; if so, of the respective numbers of applications received and approved by the Government, as well as the numbers of CM practitioners involved; among the approved applications, the number of CM practitioners who have already come to Hong Kong;
 
(2) of the work contents of CM practitioners granted with visas to enter Hong Kong as mentioned in (1), including whether they will provide CM diagnostic and treatment services; and
 
(3) given that under the Chinese Medicine Ordinance (Cap. 549), all persons practising CM in Hong Kong must first apply for registration with the Chinese Medicine Practitioners Board of the Chinese Medicine Council of Hong Kong and apply for a practising certificate, how the authorities will perform proper gatekeeping to ensure that no CM diagnostic and treatment services will be provided by CM practitioners admitted via the aforesaid talent admission schemes until they become holders of the relevant practising certificate?
 
Reply:
 
President,
 
     In consultation with the Labour and Welfare Bureau and the Immigration Department, the consolidated reply to the question raised by Professor the Hon Chan Wing-kwong is as follows:
 
     The Government announced in May 2023 the expansion of the Talent List to cover 51 professions under nine industry segments, encompassing all 13 statutory healthcare professions (including Chinese medicine practitioners (CMPs)). The Talent List applies to the Quality Migrant Admission Scheme, the General Employment Policy and the Admission Scheme for Mainland Talents and Professionals. This initiative aims to provide immigration facilitation for healthcare professionals who have already fulfilled the prevailing local statutory registration requirements, and convey the positive message that the Government is determined to strive to attract qualified non-locally trained healthcare professionals to come to Hong Kong, giving a positive effect on drawing in talents and stabilising the manpower supply. Nonetheless, this initiative changes neither the professional qualifications nor the practising requirements for the relevant persons’ practice in Hong Kong.
 
     In accordance with the Chinese Medicine Ordinance (Cap. 549), all persons practising Chinese medicine (CM) in Hong Kong are required to apply to the Chinese Medicine Practitioners Board (CMPB) of the Chinese Medicine Council of Hong Kong for registration as a CMP. Any non-locally trained CMP (including non-Hong Kong resident) who wishes to be a registered CMP in Hong Kong can take and pass the Chinese Medicine Practitioners Licensing Examination (CMPLE) (Note) before making such an application for registration. Registered CMPs must hold valid practising certificates to practise CM in Hong Kong.
       
     CMPs who wish to enjoy immigration facilitation under the Talent List through applications to the three aforesaid talent admission schemes have to hold qualifications registrable in Hong Kong under the Ordinance. Taking the example of registered CMPs, non-Hong Kong residents who fulfill the training requirements for CM practice, take and pass the CMPLE, and after completing registration and obtaining practising certificates, are provided with immigration facilitation under the Talent List to work and practise as a registered CMP in Hong Kong.
 
     Since the expansion of the Talent List and as of October 31, 2023, none of the three aforesaid talent admission schemes has received or approved any application fulfilling the professional qualifications for CMPs as required under the Talent List.
 
Note: The CMPLE is open to any person who has completed an undergraduate degree course of training in CM practice or its equivalent as approved by the CMPB. There is no requirement that candidates must be Hong Kong residents. read more